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37. Notarization

CRC #414 Matter of DOS v. Desgranges, Consent Order - violation of Executive Law §130 by notarizing signature without person appearing; surrender of commission as notary as revocation

47 DOS 96 Matter of DOS v. Maneri - felony conduct; pleadings amended to conform to proof; notarization; participation in scheme to fraudulently convey real property demonstrates untrustworthiness; it is irrelevant that licensee's actions were not within scope of activities as licensee where such actions clearly indicate licensee cannot deal fairly with the public; renewal of license after DOS learned of licensee misconduct does not collaterally estop DOS action to revoke or suspend license; Correction Law Act 23-A applies only to applications and not actions by DOS to suspend or revoke license; notary public acts unlawfully when he notarizes a document without the purported signatory being present; felony conviction bars commission as notary public in absence of executive pardon or Certificate of Good Conduct; broker's license revoked; notary commission revoked

330 DOS 99 Matter of DOS v. Pope - failure to appear at hearing; material misstatement on application; prior misconduct; notarization; ex parte hearing is permissible upon proper notice; conviction for fraud and failure to make restitution pursuant to plea demonstrates gross untrustworthiness; acknowledgment of deed without signatory being present; broker’s license revoked; notary commission revoked

13 DOS 01 Matter of DOS v. Parkin - forgery; fraudulent practices; jurisdiction; mortgage application; notarization; licensee demonstrates untrustworthiness by causing a deed bearing a forged signature to be recorded; licensee demonstrates untrustworthiness and incompetency by using various social security numbers other than his own on various documents prepared by him including license application, mortgage application and various bankruptcy petitions; failure to cooperate with DOS investigation by failing to supply requested and agreed to documents and lying to investigator about his knowledge of a fraudulent notary public; DOS retains jurisdiction where, although license has expired, two applications are pending, one for renewal and one for a new license; broker’s license revoked and pending applications denied

185 DOS 03 DOS v. Freeman – DOS fails its burden of proof; notarization; failure to cooperate with DOS investigation; DOS fails to prove that broker authorized or permitted the use of either his notary stamp or his signature to take acknowledgments of documents; DOS did not offer evidence of either the investigator’s notes usually taken during the interview or the written investigative report usually made just after the interview; broker failed to cooperate with DOS investigation by failing to respond to investigator’s request for a written statement of information orally supplied to investigator which broker purportedly promised to provide; broker admonished

1683 DOS 07 Matter of Scott- broker; unauthorized practice of law; gross untrustworthiness in inducement to execute deed; failure to account; false denials; revocation and required to make restitution if reapply for licensure

1090 DOS 09 Matter of Burns – notary public; violating Executive Law §130 (interest in transaction, but no fraud); 3-month suspension

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Third quarter Legal Lines now available

The third quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers what a broker's agent actually is, the legal issues related to social media use, conditional approval for financing is not a mortgage commitment and more. Learn more

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